How did this appeal end?

The appeal was dismissed - the denial stands. Most EB-1A AAO appeals end this way (~80% of our base).

Did the case reach the final-merits stage?

Yes, but on the final-merits totality assessment the petitioner fell short - the criteria were only the entry gate.

appeal dismissedIT20212 criteria counted

Computer Software and Hardware Development

AAO appeal decision on the EB-1A talent visa

Updated: September 10, 2026Author: Alina Kanametova

This is a real, anonymized AAO appeal decision on the EB-1A immigrant visa, in the field of Computer Software and Hardware Development (IT), 2021. The appeal was appeal dismissed, and on the final-merits determination the petitioner did not clearly meet the standard. Of the regulatory criteria, 2 were counted: Original contribution, Leading role; not counted: Published material about you, Scholarly authorship, High remuneration.

What this case shows

Bottom line: the EB-1A denial stands. Of the 5 EB-1A criteria claimed, 2 were counted. The criteria were enough to reach final merits, but on the totality of the evidence the petitioner fell short of the extraordinary-ability standard - 3+ criteria alone do not guarantee approval.

EB-1A criteria in this case

Awardsnot claimed
Membershipnot claimed
Published material about younot counted
Judgingnot claimed
Original contributioncounted
Scholarly authorshipnot counted
Exhibitionsnot claimed
Leading rolecounted
High remunerationnot counted
Commercial successnot claimed
Comparable evidencenot claimed

Why these criteria usually go uncounted

The through-line of the appeals base: in 81% of decisions the AAO names the same problem - assertions not backed by sufficient evidence - and 45% of cases are lost at the final-merits totality assessment. Below is how each criterion not counted here fares across the whole base.

Published material about you

Across the appeals base this criterion was argued in 793 cases and counted in 286 (36%). Typical AAO objections: "Outlet not shown to be major media"; "Published material not ABOUT the person". Counts coverage specifically ABOUT YOU in independent major or trade outlets, with publication details.

RFE breakdown: how to respond Criterion guide Evidence benchmarks PR-CY traffic snapshot for news site, Nov 2023 O-1 exhibit sample for a media article

Scholarly authorship

Across the appeals base this criterion was argued in 473 cases and counted in 360 (76%). Typical AAO objection: "Published material not ABOUT the person". Counts scholarly articles in field-specific journals, backed by significance (citations).

RFE breakdown: how to respond Criterion guide Evidence benchmarks EB-2 NIW exhibit letter requesting publication Exhibit 12.1: Elsevier Book Series Page - Authorship Evidence (NIW)

High remuneration

Across the appeals base this criterion was argued in 346 cases and counted in 94 (27%). Counted when pay is compared to the professional and regional average, with a cited source.

RFE breakdown: how to respond Criterion guide EB-2 NIW RFE Exhibit Index Example Including High-Salary Evidence Checklist - O-1 / EB-1A / EB-2 NIW

The IT field in the database: 69 appeals

Outcomes in this field: 1 sustained, 11 remanded, 57 dismissed. How the AAO ruled in this field on the criteria argued in this case:

Criterion	In this case	Counted in the field	How objections were answered
Published material about you	not counted	17 of 45 (38%)	breakdowns for this criterion (7)
Original contribution	counted	11 of 55 (20%)	breakdowns for this criterion (7)
Scholarly authorship	not counted	43 of 55 (78%)	breakdowns for this criterion (6)
Leading role	counted	22 of 41 (54%)	breakdowns for this criterion (7)
High remuneration	not counted	18 of 36 (50%)	breakdowns for this criterion (7)

Counted over our base of published AAO decisions; all IT appeals.

From the AAO decision (source, EN)

The petitioner failed to demonstrate sustained national or international acclaim and that the beneficiary is among the small percentage at the very top of the field of endeavor. The evidence presented, while showing some accomplishments, did not establish a career of acclaimed work or recognition commensurate with extraordinary ability.

The quote summarizes a fragment of the decision; the table above reflects the FINAL status of the criteria across all stages of the case (including ones conceded before the appeal), so the wording may not match one-to-one.

Full AAO decision of February 26, 2021 (PDF, uscis.gov)AAO decisions archive on uscis.gov

FAQ on this case

Which EB-1A criteria were counted in this case?: Criteria claimed: 5, counted: 2 (Original contribution, Leading role); not counted: Published material about you, Scholarly authorship, High remuneration.
How did this appeal end?: The appeal was dismissed - the denial stands. Most EB-1A AAO appeals end this way (~80% of our base).
Did the case reach the final-merits stage?: Yes, but on the final-merits totality assessment the petitioner fell short - the criteria were only the entry gate.

The criteria not counted here - typical objections and how to respond:

RFE: Published material about you RFE: Scholarly authorship RFE: High remuneration

Terms in this case:RFE (request for evidence)final merits AAO (appeals office)

All EB-1A appeals O-1 / EB-1A criteria Analyze my case Which visa fits

Similar appeals

Same outcome in other fields

Talent visa for IT What is the US talent visa

This is an anonymized public decision of the USCIS Administrative Appeals Office (AAO), shown for reference. Not legal advice and not a guarantee of your own outcome; every case is decided on its own facts.